HomeMy WebLinkAbout09287Reception 2110996
07/12/2018 04.08:10 PM
ORDINANCE NO. 9287
AN ORDINANCE VACATING A UTILITY EASEMENT
WITHIN THE GATEWAY SUBDIVISION, FIFTH FILING
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following easement:
A portion of the 10' Utility Easement lying 5' each side of the west line of
Lots 6 and 7, Block 2 in Gateway Subdivision, Fifth Filing according to the
recorded plat thereof, as filed for record on March 20, 1997 at Reception
No. 1161588 in the Pueblo County records.
is hereby vacated.
SECTION 2.
The officers and staff of the City are authorized and directed to perform any and
all acts consistent with the intent of this Ordinance to implement the policies and
procedures described herein.
SECTION 3.
This Ordinance shall be approved but shall not become effective until the final
vacation plat is recorded in the office of the Pueblo County Clerk and Recorder. If the
vacation plat is not recorded within one (1) year after of this Ordinance, or within any
extended period granted by Ordinance of the City Council, this Ordinance shall
automatically be rescinded and repealed thirty (30) days after written notice of such
rescission and repeal is given to the applicant. No vested rights shall accrue to the
subdivision or be acquired until this Ordinance becomes effective.
4 4,Q®
044 k ; a to INTRODUCED: May 14, 2018
A. iii '7
o \ ; A/. c , BY: Ed Brown
,,, 0 , MEMBER COUNCIL
® 01..----....000.. ltir
Irmse ie f APPROVED:
0.•aPRESIDENT OF CITY COUNCIL
ATTESTED BY' AC'"A. _.0 ,... ii• _ , a
ACTING CITY CLE'
PASSED AND APPROVED: May 29, 2018
City Clerk’s Office Item # S-7
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
May 14, 2018
TO: President Christopher A. Nicoll and Members of City Council
CC: Sam Azad, City Manager
VIA: Brenda Armijo, Acting City Clerk
FROM: Steven Meier, Director of Planning and Community Development
SUBJECT:AN ORDINANCE VACATING A UTILITY EASEMENT WITHIN THE
GATEWAY SUBDIVISION, FIFTH FILING
SUMMARY:
The applicant is requesting to vacate a portion of the 10’ (foot) utility easement, reception
No. 1161588, located within the Gateway Subdivision, Fifth Filing.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The applicant is requesting a vacation of a portion of the 10’ (foot) wide utility easement
that currently lies west of Lots 6 and 7, Gateway Subdivision, Fifth Filing. The re-
subdivision of the property will eliminate the need for a utility easement through the
proposed Lot 2, Gateway Subdivision, Sixth Filing. The easement does not contain any
water, sewer, gas, Stormwater or other utility lines.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their April 11, 2018 Regular Meeting, voted 7-
0 to recommend approval.
STAKEHOLDER PROCESS:
The Planning Department sent out Notice of the Planning and Zoning Commission Public
Hearing to all property owners located within 300 feet of the subject property.
A Public Notice poster was placed on the subject property 15 days prior to the Public
Hearing.
ALTERNATIVES:
If City Council does not approve this Ordinance, the current subdivision would remain and
would impede the applicant’s ability to develop the property.
Upon request of City Council, the Ordinance could be returned to the Planning and Zoning
Commission for consideration of proposed modifications.
RECOMMENDATION:
Approval of the Ordinance.
Attachments: Minutes of the Planning and Zoning Commission April 11, 2018
Public Hearing
Memorandum from the Department of Public Works Dated April 26,
2018
Planning and Zoning Commission Staff Report with Exhibits